Terms of Service

1. Acceptance of Terms

By engaging Five Star Painting of Ocean County ("Company," "we," "our," or "us") for painting services, you ("Client," "you," or "your") agree to be bound by these Terms of Service. These terms constitute a legally binding agreement between you and Five Star Painting of Ocean County.

If you do not agree to these terms, please do not use our services. We reserve the right to modify these terms at any time, and continued use of our services constitutes acceptance of any modifications.

2. Services Provided

Five Star Painting provides professional residential and commercial painting services including, but not limited to:

• Interior painting (walls, ceilings, trim, doors)
• Exterior painting (siding, trim, shutters, decks)
• Cabinet painting and refinishing
• Commercial painting services
• Surface preparation and repair
• Color consultation services
• Other painting-related services as agreed upon

All services will be performed in accordance with the written estimate and contract agreed upon by both parties. Any additional services or changes must be approved in writing before work commences.

3. Estimates and Contracts

3.1 Free Estimates

We provide free, no-obligation estimates for all potential projects. Estimates are valid for 30 days from the date of issuance. Estimates are based on visual inspection and information provided by the client. Hidden damage or unforeseen conditions may result in additional charges, which will be discussed before proceeding.

3.2 Written Contracts

All projects require a signed written contract. The contract includes detailed scope of work, materials to be used, total price, payment terms, estimated timeline, and warranty information. Both parties must sign the contract before work begins.

3.3 Changes to Scope

Any changes to the original scope of work must be documented in a written change order and signed by both parties. Additional work will be charged at our standard rates unless otherwise agreed upon.

4. Pricing and Payment Terms

4.1 Pricing

All prices are quoted in U.S. dollars. Pricing includes labor, materials, surface preparation, and cleanup unless otherwise specified. Prices do not include sales tax, which will be added as required by law.

4.2 Payment Schedule

Payment terms will be specified in your contract. Typical payment schedules include:

• Small projects (under $2,000): Full payment upon completion
• Medium projects ($2,000-$10,000): 50% deposit, 50% upon completion
• Large projects (over $10,000): Payment milestones as specified in contract

4.3 Payment Methods

We accept cash, checks, and all major credit cards. A processing fee may apply to credit card payments. Returned checks will incur a $50 fee plus any bank charges.

4.4 Late Payment

Payment is due upon completion unless otherwise specified. Overdue accounts may be subject to a late fee of 1.5% per month (18% annual percentage rate) or the maximum allowed by law. We reserve the right to suspend work on unpaid accounts and pursue collection for past-due balances.

5. Warranty and Guarantees

5.1 Two-Year Workmanship Warranty

We warrant our workmanship for a period of two (2) years from the date of project completion. This warranty covers defects in application, including peeling, blistering, excessive fading, or other failures caused by our workmanship or defective materials supplied by us.

5.2 What Is Covered

• Paint or coating failure due to improper application
• Defective materials provided by Five Star Painting
• Poor surface preparation by our crew
• Workmanship issues identified within warranty period

5.3 What Is Not Covered

Our warranty does not cover:

• Damage caused by acts of nature (storms, flooding, etc.)
• Damage from impact, abuse, or improper maintenance
• Normal wear and tear or fading from sun exposure
• Issues arising from structural problems or moisture intrusion not caused by our work
• Client-supplied materials or paints
• Alterations or repairs made by others
• Color or sheen dissatisfaction after approval

5.4 Warranty Claims

To make a warranty claim, contact us in writing describing the issue. We will inspect the work within 10 business days. If the issue is covered under warranty, we will repair or repaint the affected area at no charge. Our warranty obligation is limited to repair or repainting and does not include consequential damages.

6. Client Responsibilities

To ensure successful project completion, clients agree to:

• Provide accurate information about the property and project requirements
• Remove valuable or fragile items from work areas
• Ensure access to all areas requiring painting and necessary utilities (water, electricity)
• Secure pets during work hours
• Disclose any known issues with surfaces (lead paint, asbestos, mold, etc.)
• Make timely decisions on colors, products, and scope changes
• Provide prompt payment according to agreed terms
• Maintain proper ventilation during and after painting
• Allow paint to cure properly before hanging items or cleaning (typically 30 days)

7. Scheduling and Project Timeline

7.1 Start Date

Project start dates are estimated and subject to weather, material availability, and scheduling. We will provide reasonable notice of any changes to the agreed start date.

7.2 Project Duration

Timeline estimates are provided in good faith but are not guaranteed. Factors beyond our control (weather, material delays, unforeseen conditions, client-requested changes) may affect completion dates. We are not liable for delays caused by such circumstances.

7.3 Weather Delays

Exterior painting is weather-dependent. We will not paint in temperatures below 40°F or above 90°F, during rain, or in high humidity. Weather delays do not constitute breach of contract.

8. Cancellation and Rescheduling

8.1 Client Cancellation

Clients may cancel a scheduled project by providing written notice:

• More than 7 days before start date: Full refund of any deposit, minus materials already purchased
• 3-7 days before start date: 50% of deposit forfeited to cover scheduling and material costs
• Less than 3 days before start date: Full deposit forfeited
• After work has begun: Payment due for all work completed plus materials purchased

8.2 Company Cancellation

We reserve the right to cancel or suspend work for non-payment, unsafe working conditions, client misconduct, or discovery of undisclosed issues (lead paint, structural damage, etc.). In such cases, payment is due for work completed.

8.3 Rescheduling

Projects may be rescheduled by either party with at least 48 hours' notice. Multiple rescheduling requests may result in cancellation fees.

9. Liability and Insurance

9.1 Insurance Coverage

Five Star Painting carries comprehensive general liability insurance and workers' compensation coverage. Certificates of insurance are available upon request.

9.2 Property Damage

We take reasonable precautions to protect your property. In the unlikely event of damage caused by our negligence, we will repair or compensate for the damage. Clients must report any damage within 24 hours of discovery.

9.3 Limitation of Liability

Our total liability under these terms is limited to the total amount paid for the specific project giving rise to the claim. We are not liable for indirect, incidental, consequential, or punitive damages including loss of use, lost profits, or business interruption.

9.4 Pre-Existing Conditions

We are not responsible for damage to surfaces in poor condition, hidden defects, or issues not reasonably discoverable during inspection. This includes rotted wood, loose plaster, water damage, mold, or other structural issues not caused by our work.

10. Lead Paint and Hazardous Materials

Five Star Painting is EPA Lead-Safe Certified. For homes built before 1978, we follow EPA Renovation, Repair, and Painting (RRP) requirements. Clients are provided with the EPA pamphlet "Renovate Right" before work begins.

If lead paint, asbestos, mold, or other hazardous materials are discovered, work will be suspended until proper remediation is completed by a qualified specialist. Additional charges may apply for lead-safe work practices.

Clients are responsible for disclosing known presence of hazardous materials and ensuring proper removal before our work begins.

11. Dispute Resolution

11.1 Good Faith Resolution

Both parties agree to make good faith efforts to resolve any disputes through direct communication. Most issues can be resolved by contacting our office at (732) 387-3700.

11.2 Mediation

If direct resolution fails, both parties agree to participate in mediation before pursuing litigation. Mediation costs will be shared equally.

11.3 Arbitration

Any disputes not resolved through mediation shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration will take place in Ocean County, New Jersey.

11.4 Attorney Fees

In any legal action to enforce these terms, the prevailing party shall be entitled to recover reasonable attorney fees and court costs.

12. General Provisions

12.1 Entire Agreement

These Terms of Service, together with your signed contract and estimate, constitute the entire agreement between parties and supersede all prior negotiations, representations, or agreements.

12.2 Severability

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12.3 Governing Law

These terms are governed by the laws of the State of New Jersey, without regard to conflict of law principles.

12.4 Modifications

We reserve the right to modify these terms at any time. Changes will be posted on our website with an updated "Last Updated" date. Continued use of our services after changes constitutes acceptance.

12.5 Assignment

These terms are binding upon and inure to the benefit of the parties and their respective successors and assigns. Neither party may assign these terms without written consent of the other party.